Citation : 2024 Latest Caselaw 31446 Ker
Judgement Date : 2 November, 2024
WP(C) No.23536/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Saturday, the 2nd day of November 2024 / 11th Karthika, 1946
WP(C) NO. 23536 OF 2024
PETITIONER:
SUDHEER K N , AGED 50 YEARS, DRIVER, UDAYAMPEROOR, GRAMA
PANCHAYATH, KUTTETHU KULANGARA, UDAYAMPEROOR P.O, UDAYAMPEROOR,
ERNAKULAM , PIN - 682307
RESPONDENTS:
1. STATE OF KERALA ,THE DEPARTMENT OF LOCAL SELF GOVERNMENT
INSTITUTIONS SECRETARIAT, ANNEX - I, THIRUVANANTHAPURAM, REPRESENTED
BY ITS SECRETARY, PIN - 695001.
2.THE DIRECTOR OF PANCHAYATH, SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODU,
KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003
3.THE DEPUTY DIRECTOR OF PANCHAYAT, CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682304
4.THE UDAYAMPEROOR GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITURA, REPRESENTED BY ITS SECRETARY, PIN - 682307
5.THE PRESIDENT, UDAYAMPEROOR GRAMA PANCAYATH, NADAKKAVU JUNCTION,
UDAYAMPEROOR, THRIPPUNITURA, PIN - 682307
6.ADDL. R6. AKASH K. SANTHOSH, S/O.SANTHOSH, AGED 24 YEARS ,
KURUPPALEZHATHU HOUSE,
POOTHOTTA P.O., UDAYAMPEROOR, ERNAKULAM-682307
IS IMPLEADED AS ADDL. R6 AS PER ORDER DATED 30.07.2024 IN I.A. 01/2024 IN
THE WP(C).
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P5
notification of the 4th respondent, pending disposal of the above Writ
Petition.
This petition again coming on for orders upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 10.10.2024 and upon hearing the arguments of M/s. S.ANEESH and
P.PARVATHY, Advocates for the petitioner, GOVERNMENT PLEADER for R1 to R3,
STANDING COUNSEL for R4 and R5 and of M/s N.ANAND, O.N.RAJESH and ROY
ANTONY, Advocates for Addl.R6, the court passed the following:
WP(C) No.23536/2024 2/3
ORDER
The learned Standing Counsel for the Panchayat to place on record an affidavit as to the circumstances leading to the passing of Ext.P15 resolution while Ext.P4 and P7 judgments wherein force.
Post on 14/11/2024 along with WP (C).No.26367/2024.
Sd/- MURALI PURUSHOTHAMAN JUDGE
02-11-2024 /True Copy/ Assistant Registrar
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 18.08.2023 IN W.P(C) NO. 15090 OF 2023 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 06.12.2023 IN W.A NO.
1861 OF 2023 Exhibit P15 TRUE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE MEETING DATED 17.08.2024
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